Google Slams Viacom For Secret YouTube Uploads
An anonymous reader writes with this excerpt from Reuters: "Google, Inc. accused Viacom, Inc. of secretly uploading its videos to YouTube even as the media conglomerate publicly denounced the online video site for copyright infringement, according to court documents made public on Thursday."
As "statements from the corporate counsel's office" go, this post on the YouTube blog is pretty hot reading.
"As a result, on countless occasions Viacom demanded the removal of clips that it had uploaded to YouTube, only to return later to sheepishly ask for their reinstatement."
http://definitions.uslegal.com/u/unclean-hands/
"The clean hands doctrine is a rule of law that someone bringing a lawsuit or motion and asking the court for equitable relief must be innocent of wrongdoing or unfair conduct relating to the subject matter of his/her claim. It is an affirmative defense that the defendant may claim the plaintiff has "unclean hands". However, this defense may not be used to put in issue conduct of the plaintiff unrelated to plaintiff's claim. Therefore, plaintiff's unrelated corrupt actions and general immoral character would be irrelevant. The defendant must show that plaintiff misled the defendant or has done something wrong regarding the matter under consideration. The wrongful conduct may be of a legal or moral nature, as long as it relates to the matter in issue."
It's not as cut and dry as you might think. YouTube has done its share of dirty deeds in this whole fiasco.
Some choice excerpts include the YouTube cofounders discussing how 80% of the site traffic depended on pirated videos. So, they pretty much did whatever they had to get a massive user base so that they'd get bought out. From the article -
Now, arguably, YouTube at that time does not equal Google, and one could argue that things have changed. However, don't be so quick to decide without hearing both sides of the story.